Bill Text: NY S07254 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the New York state excess food act which provides for mandatory donation of consumable food products; provides mandatory composting of appropriate materials; establishes the New York state excess food fund which will be funded by fines collected from violations of the New York state excess food act.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-05 - REFERRED TO AGRICULTURE [S07254 Detail]
Download: New_York-2017-S07254-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7254 IN SENATE January 5, 2018 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to enacting the New York state excess food act, and to amend the state finance law, in relation to establishing the New York state excess food fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 state excess food act". 3 § 2. The article heading of article 4-D of the agriculture and markets 4 law, as amended by chapter 869 of the laws of 1980, is amended to read 5 as follows: 6 [LIABILITY FOR CANNED, PERISHABLE FOOD OR FARM PRODUCTS7DISTRIBUTED] DISTRIBUTION OF EXCESS FOOD FREE OF CHARGE 8 § 3. Section 71-y of the agriculture and markets law, as amended by 9 chapter 869 of the laws of 1980, subdivision 1 as amended and subdivi- 10 sion 7 as added by chapter 438 of the laws of 2010, subdivision 5 as 11 added by chapter 286 of the laws of 1984, and subdivision 6 as added by 12 chapter 182 of the laws of 1993, is amended to read as follows: 13 § 71-y. Definitions. As used in this article: 1. "Perishable foods" 14 means any food that may spoil or otherwise become unfit for human 15 consumption because of its nature, type or physical condition. Perish- 16 able food includes, but is not limited to, fresh or processed meats, 17 poultry, seafood, dairy products, bakery products, eggs in the shell, 18 fresh fruits or vegetables and foods that have been packaged, refriger- 19 ated or frozen, or otherwise require refrigeration to remain nonperish- 20 able. This definition shall not include game or wild game. 21 2. "Canned foods" means any canned food that has been hermetically 22 sealed and commercially processed and prepared for human consumption, 23 including canned or preserved fruits, vegetables or other articles of 24 food. There is specifically excluded for purposes of this [section] 25 subdivision damaged canned goods [that are rusted, leaking, swollen or26canned goods that are defective or cannot be otherwise offered for saleEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10409-02-7S. 7254 2 1to members of the general public], as defined in subdivision six of this 2 this section. 3 3. "Farm products" means any agricultural, dairy or horticultural 4 product or any product designed or intended for human consumption or 5 prepared principally from an agricultural, dairy or horticultural prod- 6 uct. 7 4. "Consumable" means fit for human consumption notwithstanding any 8 damage to packaging or temporal proximity to a used by or sell by date 9 affixed to the item but shall not include damaged canned goods. 10 5. "Non-consumable" means unfit for human consumption because of spoi- 11 lage, adulteration, contamination, or reasonable likelihood it would be 12 harmful to human health. This term shall not include food or farm 13 products not readily marketable due to appearance, freshness, grade, 14 surplus, or partial unfitness for human consumption if the spoiled, 15 adulterated, or contaminated portion of such food product can be safely 16 removed and the remaining food product can be utilized for processed 17 human food or animal feed. 18 6. "Damaged canned goods" means any canned goods that are rusted, 19 leaking, swollen, or punctured. 20 7. "Organic waste" means any non-consumable food or farm product in 21 whole or in part including the contents of damaged canned goods. The 22 term shall also include any material found in the waste stream that can 23 be broken down into, or otherwise become part of, usable compost, such 24 as food scraps, soiled paper, and plant trimmings. As determined by the 25 commissioner, such term may also include disposable plastic food service 26 ware and bags that meet the ASTM International standard specifications 27 for compostable plastics, but shall not include liquids and textiles. 28 8. "Toxic organic waste" means organic waste that has a reasonable 29 likelihood of causing serious illness in humans or animals after 30 composting because of contamination or adulteration. 31 9. "Covered retail establishment" means any location at which a retail 32 food store has a floor area of at least ten thousand square feet, or any 33 retail food store that is part of a chain of three or more retail food 34 stores that have a combined floor area space of at least ten thousand 35 square feet and that operate under common ownership or control and 36 receive waste collection from the same entity. 37 10. "Charitable or nonprofit organization" means any organization 38 which is exempt from federal or state income taxation, except that the 39 term does not include organizations which sell or offer to sell such 40 donated items of food. 41 [5.] 11. "Organized gleaning" means the harvest of an agricultural 42 crop that has been donated by an owner, lessee, or occupant of premises 43 or occupant of a farm by persons who are sponsored by a charitable not- 44 for-profit organization. 45 [6.] 12. "Game or wild game" means any deer or big game, or portions 46 thereof, as defined in section 11-0103 of the environmental conservation 47 law, taken by lawful hunting. 48 [7.] 13. "Public food service establishment" means any building, vehi- 49 cle, place or structure, or any room or division in a building, vehicle, 50 place or structure where food is prepared, served or sold for immediate 51 consumption on or in the vicinity of the premises; called for or taken 52 out by customers; or prepared prior to being delivered to another 53 location for consumption. 54 § 4. Section 71-z of the agriculture and markets law, as added by 55 chapter 869 of the laws of 1980, subdivision 1 as amended by chapter 438S. 7254 3 1 of the laws of 2010 and subdivision 3 as added by chapter 286 of the 2 laws of 1984, is amended to read as follows: 3 § 71-z. Liability for canned, perishable food or farm products 4 distributed free of charge. 1. Notwithstanding any other provision of 5 law, a good-faith donor of any apparently consumable canned or perish- 6 able food, farm product, game or wild game, [apparently fit for human7consumption,] to a bona fide charitable or nonprofit organization, for 8 free distribution, shall not be subject to criminal penalty or civil 9 damages arising from the condition of the food, if the said donor 10 reasonably inspects the food at the time of donation and finds the food 11 apparently [fit for human consumption] consumable and unless the donor 12 has actual or constructive knowledge that the food is adulterated, 13 tainted, contaminated or harmful to the health or well-being of the 14 person consuming said food. Such good-faith donor shall include, but not 15 be limited to, public food service establishments and covered retail 16 establishments as defined by sections thirteen and nine, respectively, 17 of section seventy-one-y of this article. 18 2. [This section includes the good faith donation of canned or perish-19able food or farm products not readily marketable due to appearance,20freshness, grade, surplus or other considerations, but shall not be21deemed or construed to restrict the authority of any lawful agency to22otherwise regulate or ban the use of such food for human consumption.233.] A not-for-profit charitable organization shall provide liability 24 insurance to persons engaged in gleaning activities organized or spon- 25 sored by such charitable organization. 26 § 5. Article 4-D of the agriculture and markets law is amended by 27 adding four new sections 71-aa, 71-bb, 71-cc and 71-dd to read as 28 follows: 29 § 71-aa. Required donation. 1. Every covered retail establishment, as 30 defined in section seventy-one-y of this article, shall contract with a 31 charitable or nonprofit organization as defined in section seventy-one-y 32 of this article to ensure the good faith donation of all apparently 33 consumable farm and food products. 34 2. The wilful or wanton failure to donate consumable farm and food 35 products shall be punishable by a fine of up to four thousand dollars. 36 3. Any funds collected pursuant to subdivision two of this section 37 shall be deposited in the New York state excess food fund established 38 pursuant to section ninety-seven-yyyy of the state finance law and shall 39 be used for administrative and enforcement costs associated with this 40 article. 41 § 71-bb. Intentional spoilage prohibited. 1. It shall be unlawful for 42 any food service establishment or retail food seller to intentionally 43 contaminate, spoil or cause to spoil a farm or food product that would 44 otherwise be consumable. 45 2. The intentional spoilage of a farm or food product shall be punish- 46 able by a fine of up to four thousand dollars. 47 3. Any funds collected pursuant to subdivision two of this section 48 shall be deposited in the New York state excess food fund established 49 pursuant to section ninety-seven-yyyy of the state finance law and shall 50 be used for administrative and enforcement costs associated with this 51 article. 52 § 71-cc. Organic waste. Every covered retail establishment, as defined 53 in section seventy-one-y of this article shall contract with a waste 54 collection entity, or through its own facility, provide for the 55 collection of all non-toxic organic waste generated by such establish- 56 ment, including damaged canned goods and food that has spoiled or is notS. 7254 4 1 suitable for human consumption, for composting through anaerobic or 2 aerobic digestion. 3 § 71-dd. Administration. All fines collected pursuant to this article 4 shall go into the New York excess food fund established pursuant to 5 section ninety-seven-yyyy of the state finance law to be used for the 6 administrative and enforcement costs associated with this article. 7 § 6. The state finance law is amended by adding a new section 97-yyyy 8 to read as follows: 9 § 97-yyyy. New York state excess food fund. 1. There is hereby estab- 10 lished in the joint custody of the commissioner of agriculture and 11 markets and the comptroller a fund to be known as the "New York state 12 excess food fund". 13 2. The fund shall consist of all monies appropriated for its purpose, 14 all monies required by this section or any other provision of law to be 15 paid into or credited to such fund. Whenever a lawsuit results in a 16 civil judgment for expenses already paid for by the fund, that portion 17 of the civil judgment shall be paid into the fund. Nothing contained in 18 this subdivision shall prevent the department of agriculture and markets 19 from receiving grants, gifts or bequests for the purposes of the fund as 20 defined in this section and depositing them into the fund according to 21 law. 22 3. Monies of the fund, when allocated, shall be available pursuant to 23 section seventy-one-dd of the agriculture and markets law. 24 4. Monies shall be payable from the fund on the audit and warrant of 25 the state comptroller on vouchers approved and certified by the commis- 26 sioner of agriculture and markets for application toward the administra- 27 tive and enforcement costs associated with article four-D of the agri- 28 culture and markets law. 29 § 7. This act shall take effect on the one hundred twentieth day after 30 it shall have become a law; provided, however, immediately, the addi- 31 tion, amendment, and/or repeal of any rule or regulation necessary for 32 the implementation of this act on its effective date are authorized and 33 directed to be made and completed on or before such effective date.
